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HomeMy WebLinkAboutELECTRO CONSTRUCTIONCity of Santa P-a Clerk of the Cou..-il AGREEMENT TERMINATION FORM Please complete this form in its entirety when the attached agreement and all amendments (if any) are no longer in effect. Note: If your agreement is grant related, please ensure that all grant retention requirements have been satisfied prior to signing the termination form. Is the agreement(s) a permanent record? Yes No Return form to the Clerk of the Council Office (M-30). Call 647-1520 if you have any questions. The agreement with COTC Office Use Only City of Santa Ana ! 4 0 2 =s 1 Clurt<of the Council A-2019-172 No. was completed on �� ^ and final payment has been made. (List all amendments. Use space below if needed.) cc'' Department: y� ����e�-�-L�/ �Y`(�11�, Phone/Ext.: `�o2sl (� Signature: E� ok 1Ck \ AN�//10 Date: -7 L-7 d;l Revised: 10-18-16 INSURANCE NOT ON FILE WORK MAY No PROCEED CLERK OF COUNCIL DATE: pCi 1 1 Z( 0lgtl(-5 W-) A-2019-172 S l\vVA THIS AGREEMENT is made and entered into this 1 st day of October, 2019 by and between Electro Construction Corp., a California Corporation, (hereinafter "Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City issued a Request for Proposals ("RFP") (RFP No. 19-058) and Addendums 1-3 for furnishing labor and materials to retrofit the exterior lighting at Citys Stadium by installing LED lighting ("the project'). B. On July 1, 2019, Contractor submitted a proposal, which thereafter ranked the highest in the evaluation process. C. The parties acknowledge that the funding for the project is On Bill Financing ("OBF") proceeds and incentives from Southern California Edison ("Edison"). Edison has approved the project for OBF proceeds. D. The City desires to retain a Contractor having special skill and knowledge in the field of retrofitting lighting fixtures through the installation of LED lighting at Citys Stadium. E. Contractor represents that Contractor is able and willing to provide such services to the City. F. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Contractor shall furnish labor and materials to retrofit the exterior lighting at City's Stadium in the City of Santa Ana by installing LED lighting as set forth in the General Scope of Services and Requirements of RFP No. 19-058 attached hereto as Exhibit A, all corresponding Addendums issued for the RFP, and Contractor's proposal submitted July 1, 2019, in response to RFP No. 19-058 incorporated by reference as if completely set forth in full in this Agreement. No additions or change in scope for purposes of utilizing the contingency compensation will be made without the written approval of the Executive Director of Parks, Recreation, and Community Services Agency. Contractor will be responsible for any costs incurred outside of the scope of services without written approval. #95440 2. COMPENSATION a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit B. The total sum to be expended under this Agreement shall not exceed $501,167.70, which includes $438,798.00 plus a 15% contingency of $65,369.70 to be used at the City's sole discretion during the term of this Agreement. b. Contractor acknowledges that this project is funded by cash incentives and OBF proceeds from Edison. City will not pay invoices from Contractor until after Contractor receives all Edison allocated OBF proceeds and Incentives for the project. Once the project work is completed, City will enter into an On Bill Financing Agreement with Edison and Edison will pay Contractor directly. City makes no guarantees on the timeline for Edison's OBF process. c. City retained an energy consultant, the Energy Network, to assist with this project. Attached hereto as Exhibit "C" is the Energy Network's OBF calculations for the project. d. In the event that the OBF proceeds and/or Edison cash incentives do not cover the compensation set forth in Section 2a of this Agreement, City will pay the remainder due to Contractor not to exceed the total Agreement compensation agreed upon in Section 2a of this Agreement. e. Certified Payroll Reports are required at project completion and final payment will not be processed until the Certified Payroll Reports are submitted on the forms approved by the California Department of Industrial Relations. 3. TERM This Agreement shall commence on the date first written above and terminate on September 30, 2020, unless terminated earlier in accordance with Section 15, below. 4. INDEPENDENT CONTRACTOR Contractor shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional manner in which Contractor performs the services which are the subject matter of this Agreement; however, the services to be provided by Contractor shall be provided in a manner consistent with all applicable standards and regulations governing such services. Contractor shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. OWNERSHIP OF MATERIALS This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical #95440 drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Contractor under this Agreement ("Documents & Data"). Contractor shall require all subcontractors to agree in writing that City is granted a non- exclusive and perpetual license for any Documents & Data the subcontractor prepares under this Agreement. Contractor represents and warrants that Contractor has the legal right to license any and all Documents & Data. Contractor makes no such representation and warranty in regard to Documents & Data which were provided to Contractor by the City. City shall not be limited in any way in its use of the Documents and Data at any time, provided that any such use not within the purposes intended by this Agreement shall be at City's sole risk. INSURANCE Prior to undertaking performance of work under this Agreement, Contractor shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: Commercial General Liability Insurance. Contractor shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Contractor's operations in the performance of this Agreement, including, without limitation, acts involving vehicles. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence, with $2,000,000 in the aggregate. Contractor shall supply City with a fully executed additional insured endorsement on a form approved by the City Attorney. b. Business automobile liability insurance, or equivalent form, with a combined single limit of not less than $1,000,000 per occurrence. Such insurance shall include coverage for owned, hired and non -owned automobiles. C. Worker's Compensation Insurance. In accordance with the provisions of Section 3700 of the Labor Code, Contractor, if Contractor has any employees, is required to be insured against liability for worker's compensation or to undertake self- insurance. Prior to commencing the performance of the work under this Agreement, Contractor agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. d. If Contractor is or employs a licensed professional such as an architect or engineer: Professional liability (errors and omissions) insurance, with a combined single limit of not less than $1,000,000 per claim with $2,000,000 in the aggregate. e. The following requirements apply to the insurance to be provided by Contractor pursuant to this section: (i) Contractor shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement, #95440 (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved by the City. (iii) Certificates and policies shall state that the policies shall not be canceled or reduced in coverage or changed in any other material aspect without thirty (30) days prior written notice to the City. If Contractor fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Contractor's right to be paid for its time and materials expended prior to notification of termination. Contractor waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 7. FINGERPRINTS AND BACKGROUND CHECK Contractor, and any employees, subcontractors or substitutes, shall arrange for and submit their fingerprints for a criminal background check through the Department of Justice through the City's Human Resources Department process. Contractor shall be responsible for all charges associated with fingerprinting. Contractor shall not perform any services pursuant to this Agreement until clearance is received and Contractor is notified by the City's Parks, Recreation and Community Services Department. PREVAILING WAGE Contractor is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., (`Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works' and "maintenance" projects. If the services being performed are part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and the total compensation is $1,000 or more, Contractor agrees to fully comply with such Prevailing Wage Laws. Contractor shall defend, indemnify and hold the City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 9. COMMUNITY WORKFORCE AGREEMENT On August 15, 2017, the Santa Ana City Council approved a Community Workforce Agreement ("CWA") with the Los Angeles/Orange Counties Building and Construction Trade Council and the Signatory Craft Councils and Unions. The provisions of the agreement would apply to all construction and major rehabilitation work pursuant to "Prime Multi -Trade" construction contracts that exceed $250,000 and all subcontracts from these prime multi -trade contracts. The agreement also applies to all "Prime Specialty" contracts (single trade contracts) that exceed $100,000 and all subcontracts from these prime specialty contracts. Specialty contracts are contracts for project work with a specialty contractor which is either limited to a particular single trade or craft or limited to a singular scope of work. #9544v3 Contractors working on projects over the above thresholds must, in filling craft job requirements, utilize and be bound by the registration facilities and referral systems established and authorized by the Unions who are signatory to the agreement. This is commonly referred to a Union hiring hall. Contractors retain the right to reject any applicant referred to them through the job referral system, determine competency of all employees, to determine the number of employees required, and the duties of such employees. If any Union's registration and referral system does not fulfill the requirements for specific classifications requested by any Contractor within 48 hours, the Contractor may employ applicants meeting such classifications from any other available source. Contractor will work with the City's Labor Compliance Contractor to ensure compliance with the CWA. 10. INDEMNIFICATION Contractor agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability: (1) for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including death, and claims for property damage, which may arise from the direct or indirect operations of the Contractor or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in section 1 of this Agreement; and (2) from any claim that personal injury, damages, just compensation, restitution, judicial or equitable relief is due by reason of the terms of or effects arising from this Agreement. This indemnity and hold harmless agreement applies to all claims for damages, just compensation, restitution, judicial or equitable relief suffered, or alleged to have been suffered, by reason of the events referred to in this Section or by reason of the terms of, or effects, arising from this Agreement. The Contractor further agrees to indemnify, hold harmless, and pay all costs for the defense of the City, including fees and costs for special counsel to be selected by the City, regarding any action by a third party challenging the validity of this Agreement, or asserting that personal injury, damages, just compensation, restitution, judicial or equitable relief due to personal or property rights arises by reason of the terms of, or effects arising from this Agreement. City may make all reasonable decisions with respect to its representation in any legal proceeding. Notwithstanding the foregoing, to the extent Contractor's Services are subject to Civil Code Section 2782.8, the above indemnity shall be limited, to the extent required by Civil Code Section 2782.8, to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Contractor. This Section will survive termination and completion of the Agreement. 11. INTELLECTUAL PROPERTY INDEMNIFICATION Contractor shall defend and indemnify the City, its officers, agents, representatives, and employees against any and all liability, including costs, for infringement of any United States' letters patent, trademark, or copyright infringement, including costs, contained in the work product or documents provided by Contractor to the City pursuant to this Agreement. This Section will survive termination and completion of the Agreement. #95440 12. RECORDS Contractor shall keep records and invoices in connection with the work to be performed under this Agreement. Contractor shall maintain complete and accurate records with respect to the costs incurred under this Agreement and any services, expenditures, and disbursements charged to the City for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor under this Agreement. All such records and invoices shall be clearly identifiable. Contractor shall allow a representative of the City to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement during regular business hours. Contractor shall allow inspection of all work, data, documents, proceedings, and activities related to this Agreement for a period of three (3) years from the date of final payment to Contractor under this Agreement. This Section will survive termination and completion of the Agreement. 13. CONFIDENTIALITY If Contractor receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Contractor agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Contractor disclosed in a publicly available source; (c) is in rightful possession of the Contractor without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Contractor without reference to information disclosed by the City. 14. CONFLICT OF INTEREST CLAUSE Contractor covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 15. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by fax or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 Fax 714- 647-6956 #95440 With courtesy copies to: Executive Director of Parks, Recreation and Community Services Agency City of Santa Ana 20 Civic Center Plaza (M-75) P.Q. Box 1988 Santa Ana, California 92702 Fax 714-571-4221 M City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, California 92702 Fax 714- 647-6515 To Contractor: Mr. Rune Adam Jensen, CEO Electro Construction Corp. 2225 Windsor Avenue Altadena, California 91001 Fax: 323-660-6211 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by fax, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. 16. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Contractor. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. #9544v3 17. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Contractor, Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services, which are the subject to this Agreement performed by City personnel or by other Contractors retained by City. 18, TERMINATION This Agreement may be terminated by the City upon thirty (30) days written notice of termination. In such event, Contractor shall be entitled to receive compensation for all services performed by Contractor prior to receipt of such notice of termination, subject to the following conditions: a. As a condition of such payment, the Executive Director may require Contractor to deliver to the City all work product completed, as of such date, and in such case, such work product shall be the property of the City unless prohibited by law, and Contractor consents to the City's use thereof for such purposes, as the City deems appropriate, b. Payment need not be made for work which fails to meet the standard of performance specified in the Recitals of this Agreement. 19. DISCRIMINATION Contractor shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Contractor affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 20, JURISDICTION - VENUE This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 21. PROFESSIONAL LICENSES Contractor shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Contractor shall notify the City immediately and in writing of its inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this #95440 Agreement. 22. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: �a k . 7 DAISY GOMEZ a Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney n By:c�►.(�,�i pi N, P��n,,(Lt, Laura A. Rossini Senior Assistant City Attorney 1:7214161dtuIQ101*91 LIS`IRUDLOFF ecutive Director Parks. Recreation and Community Services Agency CITY OF SANTA ANA KRISTINE RIDGE City Manager N CTOR Electro Constructi Corp. Rune Adam Jensen CEO #95440 1*7A SCOPE OF SERVICES t#95440 Appendix Arl'ACffMEN'r i SCOPE OFWORK. CITY OF SANTA ANA REQUEST FOR PROPOSALS FOR LIGI H ING RE"rROFI"r AT SAN I A ANA S FADI UPI RFP NO.; 19-058 Project Duration: 4 Weeks Mobilize: On cleliver date of Sports Lights Scope: Bid Item 91 Exterior Receive Nluseo Lighting delivery trucks & store in Bin onsite Demo (1 19) Mosco Fixtures & arms on existing palm & dispose of Demo PlaChorms/Caging on oach pole using crane & li 11 Weld hangers to pole For driver box attachment Weld 4" huh in pole to gain access into polo at driver box location Install Driver Boxes Assemble Musco Arms & (62) Fixtures and lift to position with crane Install Musco wire harnesses, torminate & test Clean up site �� _..... City ol'Sante Ann R T 1) 058 Page 12 Appendix A,rT'ACFIMENT IA LIST OF SUBCONTRACTORS City of Santa Ana Page 13 19 FEE SCHEDULE (OR) RATES AND CHARGES 495440 X&O_SOI�STRUCTION E LECTR 2M WINDSOR AVENUE -ALTADENA, CA 91001 • (323) 660,1141 • FAX (323) 660-6211 FEE PROPOSALAAGHTING AUDIT TABLE INCLUDING DOCUMENTATION FOR SUBSTITUTION DATE: 7/1/2019 CONIPANY: City ot'San(aAna ATTN: Flank Arroyo PROJECT: Lighting Retrofit at Santa Ana Stadium RFP #19-058 ADDENDA: 1,2,3 13ASE BID: Bid ltem#1 Exterior Appendix A: Lighting Inventory (To be installed) ECC EST# 6949-1 62 CA $ 7,029.00 $ 435,798.00 Bid Item4l Ball Field Musco TLC-I,ED-1400NB* Qty 62 * See attached Masco Quotation, Project & Illumination Schedule & Fixture Cut Sheet & DLC Listing Date: July 1, 2019 To: wholesale Distribution Project: Santa Ana Stadium Santa Ana, CA Ref: 196489 Quotation Price — Materials Only Delivered to Job Site Musco Materials: Wholesale Distribotiim/Contractor tvlark-ups, sales tax, bonding, labor, and unloading a/the equipment are. not included in price. Pricing furnished is effective for 60 days unless otherwise noted and is considered confidential. SportsCluster System with Total Light Control— TLC f or LED'" technology Guaranteed Lighting performance . Guaranteed light levels of 100 footcandles and uniformity of 1.7:1, per specifications/Addendum 3 System Description . (6) Factory wired poletop Iuminaire assemblies, one per pole . (62) Factory aimed and assembled luminaires, TLC-LIED-1400-4 (DLC Certified) . Factory wired and tested remote electrical component enclosures • Pole length, factory assembled wire harnesses, from remote driver enclosures to poletop Iuminalre assemblies • Mounting hardware for poletop luminaire assemblies and electrical romponenks enclosures • Disconnects • UL Listed assemblies . Fixtures quoted are DLC Certified Operation and Warranty Services • Reduction of energy and maintenance costs by 40% to 85%over typical 1500W metal halide equipment • product assurance and warranty program that covers materials and onsite labor, eliminating 100%of your maintenance costs for 10 years • 10-year materials and onsite labor warranty Payment 'Terms As agreed upon with Musco's Credit Department. Delivery Timing 6 - 8 weeks for delivery of materials to the job Nike from the time of order, submittal approval, and confirmation of order details Including voltage, phase, and pole locations. Due to the built-in custom light control per luminalre, pole locations need to be, confirmed prior to production. Changes to pole locations after the product is sent to production could result in additional charges. IOD/D muse ')M 13, 2n,a%... apone L""Inj, u.c - - NJ2Wp-I'll uses Notes Quote is based ow + Shipment of entire project together to one location. + 480 Volt, 3 Phase electrical system requirement, to be confirmed prior to production Structural code and wind .speed = 2016 CDC, 110 mph, Exposure C. + Confirmation of pale locations prior to production. The owner of the field is responsible for the structural integrity of the existing poles. Thank you for considering Nlusco for your lighting needs. Please contact me with any questions or fyou need additional details. Mike Marchettl Nlusco Sports Lighting, LLC 3002 pow Ave„ U504 Tustin, CA 92780 Phone: 949-754-0503 x511t E-mail: mll(e.marchettf@musco.com COD-) Umi .� �+ �0F6„0i-)A,,, = any.1r, L;,Mn9. LLC M 903tlavUS j \� �� � ƒ / Ll L'ob �W u $ 1 N++re 1 c 1 1 n ri ' m Z a I w d rn u w � { a '5 - � � 1 / �! §a!!•: \ ;� \ } g!] \ Q / \! ; 5 \ �) 6 Tot Luminaire Data Weight (luminaire) UL listing number U L. listed for USA / Canada CE Declaration Ingress protection, luminaire Material and finish Wind speed rating (alming only) UL, EC ambient temperature rating, luminaire '106lb (48 kg) E338094 ULI $98 CSA-C22.2 No.250A LVD, EMC, RoHS IP65 Aluminum, powder -coat painted 150 mi/h (67 m/s) 50°C (122°F) Photometric Characteristics Projected lumen maintenance per IES TM-21-11 L90 (13.5k) >81,000 h L80 (13,5k) >81,000 h L70 (13.5k) >81,000 h CIE correlated color temperature 5700K Color rendering index (CRI) 75 typ, 70 min Lumens' _ _ 147,000 Footnotes: 1) Incorporates approprlate dirt depredatlon factor for life of luminalm. 5700K75CAI I ,T Driver Data Electrical Data Rated wattage' Per driver Per luminalre Numberof luminaires per driver Starting (inrush) current Fuse rating UL, IEc ambient temperature rating, electrical components enclosure Ingress protection, electrical components enclosure Efficiency Dimming mode Ranee, energy consumption Range, light output _ Typfcal tying surge'1400 W protection 1400 W -- -- - Controller 1 Lt 01sconaed pipren¢nyl Fuse <40 A, 256 Ps tlrivar ' 15 A L? . Fuse Lnminalra VC (I I YF) * If 1.2 (cam) is neutral then not swllched or fusod. IP54 t Not present It indoorinstnilatlml. 9S9'e optional 20 --100% 25 —100% Max operating current per 916A 7.95A 7.42A 7.10A 6.80A 5.90A 4.71A 4.30A 4.08A 3.94A &40A Iuminairo' Footootesi 1) rated wattage Is the power consumption, Including driver efficlency losses, at stabiilted operation in 2S`C. ambient temperature environment. 2) Operating current Includes allowance for 0,90 minimum power factor, operating temperature, and LED light source manurachning tolerances, Notes 1. Use thermal magnetic HID -rated or D-curve circuit breakers. 2. See Musco Control System Surnmory for cl rcuit information. 2 ,A EXHIBIT C #9544A SANTA ANA STADIUM OBF CALCULATION Item Amount Source Rate $ 0.21 From OBF Approval Estimated Savings 117,211.00 calculated Annual $ savings $ 24,948.36 calculated Monthly $ savings $ 2,079.03 calculated Estimated Project cost $ 501,167.70 From Proposal Estimated total Rebate Incentive $ 19,925.87 calculated Loan $ 481,241.83 calculated Actual Loan Term Months 231 calculated Actual Loan Term Years 19.29 calculated Loan Length Limit 120 From OBF Approval Applicable EUL 144 From OBF Approval Net Amount for Financing $ 249,483.61 calculated Out OfPodcet $ 231,758.22 calculated CERTIFICATE OF LIABILITY INSURANCE DATE(MMMDNYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLD R01THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. V=ILIIIUdpV nomer is an INSURED, the If SUBROGATION,IS WAIVED, subject to the terms and Lconditio s of the Ipolicy, certain hpolici s may require INSURED endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) PRODUCER Rnitnn R I Blvd., Suite 100 91107 0008309 INSURED Electro Construction Corp. 2225 North Windsor Avenue Altadena CA 91001 COVFRAGFS THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE . D IO30441 LISTED BELOW REVISION NUMBER: INDICATED. NOTWITHSTANDING ANY REQUIREMENT, HAVE BEEN ISSUED TO TERM OR CONDITION OF THE INSURED NAMED ABOVE FOR THE POLICY PERIOD CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, ANY CONTRACT THE INSURANCE OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AFFORDED BY THE POLICIES LIMITS SHOWN MAY HAVE DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, INSR BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE A DLSUBR POLICYNUMBER MM UY� POLICY EXP 10/1/2020 LIMBS A r/ COMMERCIALGENERALUMILITY ,/ GL 4426516-00 10/1/2019 EACH OCCURRENCE $1 000 000 CLAIMS -MADE ,/ OCCUR PREMISES Eaoccummcs $100000 MED EXP (Any me emon) $ 5 000 GEN'L AGGREGATE LIMIT APPLIES PER: PERSONALS AOV INJURY $1 GOO 000 GENERAL AGGREGATE $2,000,000 POLICY Z JECT LOC PRODUCTS-COMP/OPAGG $2000000 OTHER: LIMIT Eaaeg $ A AUTOMOBILE LIABILITY BAP 4426517-00 10/1/2079 10/1/2020 ✓ ANYADro dennrSINGLE 1000000 $ OWNED SCHEDULED BODILY INJURY (Par pemon) AUTOS ONLY AUTOS HIRED NON -OWNED BODILY INJURY(Per accident) $ AUTOS NLY AUrOS ONLY DAMAGE $ Per -rode $ B UMBRELLAIA9 LIAR ✓ ✓ OCCUR ZUP-51 M42882-19-NF 10/1/2019 10/1/2020 EXCESS LCLAIMS-MADE EACH OCCURRENCE $8000000 DED ✓ RETENTION$101000 AGGREGATE $660000 PER OTH- S A WORKERSCOMPENSATION AND EMPLOYERS'LU\BILITY WC 4426515-00 1O/1/2019 10/1/2020 YIN ANYPROPRIETOR/PAFIT NERIEXECUTIVE ✓ STATUTE ER E.L. EACH ACCIDENT a1000000 OFFICER/MEMBEREXCLUOED9 ❑Y (Mantlato, In NX) NIA E.L DISEASE -EA EMPLOYEE $ If yap, descdba under DESCRIPTION OF OPERATIONS below MIT $1 000 C Professional Liability, SIR $10000 PPK2042448 10/1/2019 C Contract Pollution Liab, SIR $10000 PPK2042448 10/1/2020 Limit: $11,,000,000 A : $2 10/1/2019 10/1/2020 Limit: $1,000,000; Aggregate: $2,,000,000 000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 1Dt, AEdsional Remarks Schedule, may be attached if more space is requiretl) of GL GL Blanket Additional Insured & Primary and Non Contributory apply per UGL1175FCW0413 attached, onlyifrequired by Written contractiagreement. applies Re: ECC #1960, Cer ity otion f Santa Lighting Retrofit at Stadium. um. Added. GIL itional nsured(sC Notice of C City loftion SantaaAnas aRisk Management I s agents, representatives, and volunteers. officers0employees,hed. REVI IS APPROVED CERTIFICATE HOLDER Rv Ric A Ar,FMFNT IVICInN ......._.. -_. _.. ECC #1960 City of Santa Ana Risk Management Divi 20 Civic Center Plaza, Santa Ana, CA 92702 12019 M. LAMBERT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Chau Tran 01988-2016 ACORD CORPORATI ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 51636441 1 6LECCON-CS 1 19-20 GL, At, pmb, WC, Prof L poll I Bolton Certificate Processing 110/3/2019 1:33:21 PM (POT) I Pege 1 of 9 rights Additional Insured —Automatic — 0," (iers, Lessees Or Contractors 9 ZURICH Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of Fnd. Producer No. Add'I. Prem ReturnPrem. GL 4426516-00 01/10/2019 01/10/2020 75223000 INCL THIS ENDORSEMENT CHANGES THE POLICY- PLEASE READ IT CAREFULLY. Named Insured: Electro Construction Corp. Address (including ZIP Code): 2225 North Windsor Avenue Altaden This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section II — Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement. However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. 4 1 � P1 { q U-GL-1175-F CW (04/13) Includes copyrighted material of Insurance services Office, Inc., with its permission. Page 1 of 2 51636991 1 EL CCON-C1 119-20 GL, AD, p , NC, Ptof & poll I Holton Ce Jficete Piviceeeiug 1 10/3/2019 1!33,21 PH (PW) I page 2 of 9 C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions: The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit' as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit' will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract or written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV— Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered a$ an additional insured on another policy Providing coverage for the same 'occurrence", offense, claim or "suit'. This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. 1(A U-GL-1175-F CW (04/13) Include4copyrl edmate is In urance Services Office, Inc., with its permission, Page 2 of 2 51636441 1 ELECMU-Cl 1 19-20 GL, AU, 1m , 11, Pmf & Poll 1 sojton Ceiti fi"te Pioceaeing 1 10/3/2019 1:33:21 PM (PUT) 1 Page 3 of 9 POLICY NUMBER: GL 4426516-00 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION THAT REQUIRES YOU TO WAIVE YOUR RIGHTS OF RECOVERY, IN A WRITTEN CONTRACT OR AGREEMENT WITH THE NAMED INSURED THAT IS EXECUTED PRIOR TO THE ACCIDENT OR LOSS. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Condrdons: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products - completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. r CG 24 04 05 09 Ins an i4ccj Office, Inc., 2008 Page 1 of 1 ❑ 51636441 1 eL6CWN-Cl 1 19-20 GL, 10, 1m , WC, Pzof 6 Poll I Hol[on Certificate Pxocees my 110/3/2019 1:33:21 PM )PDT) I Page 4 of 9 GL 4426516-00 IL 02 70 09 12 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CALIFORNIA CHANGES - CANCELLATION AND N®NRENEWAL This endorsement modifies insurance provided under the following: CAPITAL ASSETS PROGRAM (OUTPUT POLICY) COVERAGE PART COMMERCIAL AUTOMOBILE COVERAGE PART COMMERCIAL GENERAL LIABILITY COVERAGE PART COMMERCIAL INLAND MARINE COVERAGE PART COMMERCIAL PROPERTY COVERAGE PART CRIME AND FIDELITY COVERAGE PART EMPLOYMENT -RELATED PRACTICES LIABILITY COVERAGE PART EQUIPMENT BREAKDOWN COVERAGE PART FARM COVERAGE PART LIQUOR LIABILITY COVERAGE PART MEDICAL PROFESSIONAL LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART A. Paragraphs 2. and 3. of the Cancellation Common Policy Condition are replaced by the following: 2. All Policies In Effect For 60 Days Or Less If this policy has been in effect for 60 days or less, and is not a renewal of a policy we have Previously issued, we may cancel this policy by mailing or delivering to the first Named Insured, at the mailing address shown in the policy, and to the producer of-reoord; advance written notice of cancellation, stating the reason for cancellation, at least: a. 10 days before the effective date of cancellation if we cancel for: (1) Nonpayment of premium; or (2) Discovery of fraud by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in pursuing a claim under this policy, b. 30 days before the effective date of cancellation if we cancel for any other reason. 3. All Policies in Effect For More Than 60 Days a. If this policy has been in effect for more than 60 days, or is a renewal of a policy we issued, we may cancel this policy only upon the occurrence, after the effective date of the policy, of one or more of the following: (1) Nonpayment of premium, including payment due on a prior policy we issued and due during the current policy term - - - covering the same risks. (2) Discovery of fraud or material misrepresentation by: (a) Any insured or his or her representative in obtaining this insurance; or (b) You or your representative in Pursuing a claim under this policy. (3) A judgment by a court or an administrative tribunal that you have violated a California or Federal law, having as one of its necessary elements an act which materially increases any of the risks insured against. LW IL 02 74 09 12 4sr crl l) i1110 fce, Inc., 2012 Page 1 of 4 51636441 1 BLBCCON-CS 1 19-20 GL, AU, U , WC, Prof 6 poll I fol[oo Ce=iflca[e Pzoceesing 110/3/2019 1:33:21 FM (PW) I page 5 of 9 (4) Discovery of willful or grossly negligent acts or omissions, or of any violations of state laws or regulations establishing safety standards, by you or your representative, which materially increase any of the risks insured against. (5) Failure by you or your representative to implement reasonable loss control requirements, agreed to by you as a condition of policy issuance, or which were conditions precedent to our use of a particular rate or rating plan, If that failure materially increases any of the risks insured against. (6) A determination by the Commissioner of Insurance that the: (a) Loss of, or changes in, our reinsurance covering all or part of the risk would threaten our financial integrity or solvency; or (b) Continuation of the policy coverage would: (i) Place us in violation of California law or the laws of the state where we are domiciled; or (if) Threaten our solvency. (7) A change by you or your representative in the activities or property of the commercial or industrial enterprise, which results in a materially added, increased or changed risk, unless the added, increased or changed risk is _._ included.. in_the policy. b. We will mail or deliver advance written notice of cancellation, stating the reason for cancellation, to the first Named Insured, at the mailing address shown in the policy, and to the producer of record, at least: (1) 10 days before the effective date of cancellation if we cancel for nonpayment of premium or discovery of fraud; or (2) 30 days before the effective date of cancellation if we cancel for any other reason listed in Paragraph 3.a, B. The following provision is added to the Cancellation Common Policy Condition: 7. Residential Property This provision applies to coverage on real property which is used predominantly for residential purposes and consisting of not more than four dwelling units, and to coverage on tenants' household personal property in a residential unit, if such coverage is written under one of the following: Commercial Property Coverage Part Farm Coverage Part — Farm Property — Farm Dwellings, Appurtenant Structures And Household Personal Property Coverage Form a. If such coverage has been in effect for 60 days or less, and is not a renewal of coverage we previously issued, we may cancel this coverage for any reason, except as provided in b. and c. below. b. We may not cancel this policy solely because the first Named Insured has: (1) Accepted an offer of earthquake coverage; or (2) Cancelled or did not renew a policy issued by the California Earthquake Authority (CEA) that included an earthquake policy premium surcharge. However, we shall cancel this policy if the first Named Insured has accepted a new or renewal policy issued by the CEA that includes an earthquake policy premium surcharge but fails to pay the earthquake Policy premium surcharge authorized by the CEA. c. We may not cancel such coverage solely because corrosive soil conditions exist on the premises, This restriction (c.) applies only if coverage is subject to one of the following, which exclude loss or damage caused by or resulting from corrosive soil conditions: (1) Commercial Property Coverage Part — Causes Of Loss — Special Form; or (2) Farm Coverage Part — Causes of Loss Form — Farm Property, Paragraph D. Covered Causes Of Loss — Special, Page 2 of 4 u ce 6eeicls �qce, Inc,, 2012 IL 02 70 09 12 51636441 1 NL6CCGN-C1 1 19-20 GL, AG, Um , WC, Pm£ a Poll I Bolton Cert1£lcate Pzocassipg 110/3/2019 1:33:21 11 GPM, I Page 6 of 9 C. The following is added and supersedes any Provisions to the contrary: (2) The Commissioner of Insurance finds that the exposure to potential losses will Nonrenewal threaten our solvency or place us in a 1. Subject to the provisions of Paragraphs C.2, hazardous condition. A hazardous and C.3. below, if we elect not to renew this condition includes, but is not limited to, a Policy, we will mail or deliver written notice, condition in which we make claims stating the reason for nonrenewal, to the first payments for losses resulting from an Named Insured shown in the Declarations, and earthquake that occurred within the to the producer of record, at least 60 days, but preceding two years and that required a not more than 120 days, before the expiration reduction in policyholder surplus of at or anniversary date. least 25/o for payment of those claims; We will mail or deliver our notice to the first or Named Insured, and to the producer of record, (3) We have: at the mailing address shown in the policy. (a) Lost or experienced a substantial 2. Residential Property reduction in the availability or scope This provision applies to coverage on real of reinsurance coverage; or Property used predominantly for residential (b) Experienced a substantial increase Purposes and consisting of not more than four In the premium charged for dwelling units, and to coverage on tenants' reinsurance coverage of our household property contained in a residential residential property insurance unit, if such coverage is written under one of policies; and the following: the Commissioner has approved a plan Commercial Property Coverage Part for the nonrenewals that is fair and Farm Coverage Part — Farm Property equitable, and that is responsive to the Dwellings, Appurtenant Structures And changes in our reinsurance position. Household Personal Property Coverage Form c. We will not refuse to renew such coverage a. We may elect not to renew such coverage solely because the first Named Insured has for any reason, except as provided in b., c. cancelled or did not renew a policy, issued and d. below. by the California Earthquake Authority, that b. We will not refuse to renew such coverage included surcha Sean earthquake policy premium solely because the first Named Insured has accepted an offer of earthquake coverage. d. We will not refuse to renew such coverage However, the following applies only to insurers solely because corrosive soil conditions exist on the premises. This restriction (d.) who are associate participating insurers applies only if coverage is subject to one of as established by Cal. Ins. Code Section 10089.16. We may the following, which exclude loss or elect not to renew such coverage after the first Named damage caused by or resulting from corrosive soil conditions: Insured, has accepted an offer earthquake coverage, if one or more of thea (1) Commercial Property Coverage Part — following reasons applies: Causes Of Loss — Special Form; or (1) The nonrenewai is based on sound (2) Farm Coverage Part — Causes Of Loss underwriting principles that relate to the Form — Farm Property, Paragraph D. coverages provided by this policy and Covered Causes Of Loss — Special. that are consistent with the approved 3. We are not required to send notice of rating plan and related documents filed nonrenewai in the following situations: with the Department of Insurance as required by existing law; a. If the transfer or renewal of a policy, without any changes in terms, conditions or rates, is between us and a member of our insurance group. IL 02 70 09 12 s ce'Seervtc@slOifice, Inc., 2012 Page 3 of 4 51636441 1 BLBCL -Cl 1 19-20 GL, AU, N , WC, Pzof & Poll I B.,t. Cezti ficate Pzoceaeiy 130/3/2019 1:33:21 PM (Pp ) I Page 9 of 9 b. If the policy has been extended for 90 days or less, provided that notice has been given in accordance with Paragraph C.1. c. If you have obtained replacement coverage, or if the first Named Insured has agreed, in writing, within 60 days of the termination of the policy, to obtain that coverage. d. If the policy is for a.period of no more than 60 days and you are notified at the time of issuance that it will not be renewed. e. If the first Named Insured requests a change in the terms or conditions or risks covered by the policy within 60 days of the end of the policy period. f. If we have made a written offer to the first Named Insured, in accordance with the fimeframes shown in Paragraph C.1., to renew the policy under changed terms or conditions or at an increased premium rate, when the increase exceeds 25%, Page 4 of 4 ncJ Q JiCAce, Inc., 2012 IL 02 70 09 12 51636441 1 SLBCCGN-C1 119-20 GL, AO, Ul , NC, Pso£ 4 Poll I a.,,. C<Y[lficate PYoc<asing 1 10/3/2019 1:33:21 pM (PM) I page 8 of 9 WC 4426515-00 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 0406 01 A CALIFORNIA CANCELATION ENDORSEMENT This endorsementapplies only to the insurance provided by the policy because California is shown in Item &A. of the information page. The cancelation condition in Part Six (Conditions) of the policy is replaced by these conditions: Canoelation I. The occurrence of a material change in the 1. You may cancel this policy. You must mail or deliv- ownership of your business; er advance written notice to us stating when the cancelation is to take effect. 1• The occurrence of any change in your busi- ness or operations that materially increases the 2. We may cancel this policy for one or more of the hazardfor frequency orseverity of loss; following reasons: a. Non-payment of premium; b. Failure toreport payroll; c. Failure topermit us toaudit payroll as required by the terms of this policy or of a previous Policy issued by us; d. Failure to pay any additional premium resulting from an audit of payroll required by the terms of this policy or any previous policy issued by us; e. Material misrepresentation made by you or your agent; f. Failure tocooperate with us in the investigation of a claim; g. Failure to comply with Federal or State safety orders; h. Failure to comply with written recommen- dations of our designated loss control repre- sentatives; IL The occurrence of any change in your busi- ness or operation that requires additional or different classification for premium calculation; I. The occurrence of any change in your busi- ness or operation which contemplates an activ- ity excluded by our reinsurance treaties. 3. If we cancel your policy for any of the reasons listed in (a) through (f), we will give you 10 days advance written notice, stating when the cancel- ation is to take effect. Mailing that notice to you at your mailing address shown in item 1 of the Infor- mation Page will be sufficient to prove notice. If we cancel your policy for any of the reasons listed in items (g) through (Q, we will give you 30 days advance written notice; however, we agree that in the event of cancelation and reissuance of a policy effective upon a material change in ownership or operations, notice will not be provided. 4. The policy period will end on the day and hour stated in the cancelation notice. 51636041 1 g1gCCpN-Cl 19-20 GL' AU, tab, WC, ,.f . pall I Bolton tort' PtO �l.g 1 10/3/2019 1:33:21 FM (PST) I Page 9 of 9